The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-15
PERSONAL PROPERTY
Judge Sutherland's Law Lee
ture at the University.
A VERY INTERESTING PAPER.
Chattels Personal-RlShts in Action
Title by Accession = Other
Kinds of thattels.

with what is useful 10 tn parties con
cerned, rather than with Theoretical
principles, and is of comparatively re-
cent origin. The title to personal
property is of practical Importance that
the possessor may understand the ex-
tent and worth of his right in his prop
erty, and may know how to acquire, ei .
Joy and transfer the same.
Chattels include all kinds of movable
property, whether tangible or not; they
are OF two classes, chattels real and
chattels personal. Chattels real are
those relating to lands. as lease for
any definite time, and permanent fix
lures; but chattels proper are those
that may exist apart from real estate.
and become chsttels real by annexation
to the land, in accordance with the
rule that whatever is fixed to the land
is part of it. If property is SO annext d
to land that removal of the property in
jures the land or destroys the chattel,
then it IS part of the land and goes with
il. There are several classes of persons
between whom cases may arise for the
determining of which property Is chat
| BY THE COMMON LAW,
the real estate goes to the heir, and the
chattels personal to the executor. Be-
tween the heir and the executor,
the law favors the heir. Between
the executor and the reversion
man (for example, q tenant who has an
nexed improvements which should re-
vert TO him) any erections upon the land
! that were for the purpose of trade and
business, and could as we'll be upon any
moved. Also, between landlord and
tenant, the rule is construed most
favorably to trade and commerce. and
in this country agriculture is favored.
The tenant may therefore erect and re-
move buildings during his term of oc-
cupancy.
Chsttels personal ara so called be-
cause they are movable, and are an
| nexed TO the owner or attend him
wherever he goes. The title to these,
| as in the other cases. may be absolute
or qualified. It is absolute when the
owner has solely and exclusively the
right to them. Such title may exist
in any inanimate things, in plants or in
lower animals, as goods, clothing.
minerals, jewels, plants severed from
the soil. domestic animals. etc: Over
animals naturally and habitually wild.
sion, the animal being his as long rs
he actually controls it, but no longer.
Thus, q deer tina. escapes is no longer
owned by its former captor: bees belong
to the owner while they remain at his
hives; should they, in swar1ning, by
away, they are his as long as he keeps
them in sight. Pursuit of any wild
animal gives no title to the pursuer-
until the capture is complete. The
hunter who merely wounds the game is
not entitled TO it, but he who brings it
down. -:
RIGHTS IN ACTION r..
sre another kind of chattels. II A
owns horse, but B has possession of
it, then A has the right to recover the
horse. So, if A owes B q certain sum-,
B has right in action by which to Sc
cure his money. Or, if wrong be done,
for which the law gives damages to the
injured party, q right in action exists
and suit may be brought against the
offender.
Title to personal property may be &C
ouired through mere possession or oe-
cupancy, provided that no one else can
show q better title. The owner of stolen
goods may pursue and peaceably retake
his property, or prosecute the fh- Ell.
Stolen property never acquires title, Tor
the Team that no one can convey
better title than the possessor. Stolen
soois s--a rss.cre5 to their owner. and
the purchase On stolen property must
have recourse to The lief for damages.
An exception to l2Ss Htcurred IN the
common law of EnglahS - which pro.
vision was made that cei< n KIDS OF
goods could be sold IN open NAtss<. on
what was called market day, no s"at
the title to the seF'ae would be asSlif %
by si;S ;,.-.---.eSStE withour IssssEaA %
tile of the TSndc- No s;,-.-e, y .:
has zT7s,..-,...-.-- IN this coun.-- aE..
the -nle above given holds good IN ali
cases syyeAnt that CT rssv-ssss.,ee PAPER
TO be discussed hereafter.
In warlike times, title to property
was acquired by capture OF the same.
This has leng since ceased, but IS now,
with some restrictions. part OF the
law of nations in times OF war.
When lost goods are found and the
owner appears and icentlnes them,
thew are his; otherwi they belong TO
The person who finds them. Goods |
fonnd floating at sea belong to the
oxner. if he Immediately appears and |
sets up claim to them; but he must
nav the finder certain sum varying IN |
amount with the worth OF the goods. If |
tbs owner does not soon appear, the |
goods belong to the State, which then
pays the finder the same amount that
the owner would pay him. So if a
treasure buried be found by the
original owner, the finder is re-
onired by law to turn it over to the
: ate. such treasure is called treas
nre troYe," found treasure. Accord
ing to the common law, if a thief threw
aside stolen goods, these were forfeited |
- the king. on the ground that the |
owner should have been more diligent
n bringing the thief to justice. Thi.
r. IL never received the approval ct
..dses, ard Las ever been recosnizsn
the 0WnaT